The AFP has charged three men over the alleged forced marriage of two teenage children in Perth, the first time the AFP has laid charges in Western Australia for this crime.
The men – two of whom are related to the boy and one who is related to the girl – faced Perth Magistrates Court today (26 July, 2024) each charged with one count of causing a person to enter into a forced marriage in circumstances of aggravation, contrary to sections 270.7B(1) and 270.8 of the Criminal Code 1995 (Cth). The matter has been adjourned until next month (August, 2024).
The maximum penalty for the offence is nine years’ imprisonment.
Police will allege the teenagers, one of whom was aged between 13 and 15 and the other who was 17, wanted to date each other but the relatives told them they would have to be married for cultural reasons.
The men then allegedly facilitated the marriage of the children in a religious ceremony last year (2023).
AFP Detective Superintendent Peter Chwal said the definition of a forced marriage was when a person married without freely and fully consenting, because they had been coerced, threatened, or deceived, or because they were incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity.
“The legal age for marriage in Australia is 18; and while a child aged 16 to 18 can obtain permission from a Court to marry, the person they wed must be an adult,” he said.
Det-Supt Chwal said forced marriage was a complex crime because it often involved family members as victims and perpetrators, and the number one priority for the AFP was the wellbeing and safety of victims.
“The AFP’s key focus is to disrupt and prevent this crime – by building awareness of the laws in Australia, the warning signs of forced marriage, and the help that can be provided to victims,” he said.
“If victims do not feel comfortable speaking directly to police, there are many services and agencies which can provide support to help ensure their safety.”
Det-Supt Chwal said forced marriage was not limited to any cultural group, religion or ethnicity.
“Anyone can be a victim of forced marriage, regardless of their age, gender or sexual orientation,” Det-Supt Chwal said.
Forced marriage has been illegal in Australia since 2013 and can apply to legally recognised marriages, cultural or religious ceremonies, marriages which occur in Australia or where a person is taken overseas to be married, and can include the conduct of those involved in facilitating the forced marriage.
If you suspect that you or another person is experiencing, or at risk of, forced marriage or human trafficking, call 131 AFP (237) or use the AFP’s human trafficking online information report. If you have immediate concerns for your safety, the safety of another person, or there is an emergency, dial Triple Zero (000).
The Support for Trafficked People Program is a key component of Australia’s response to support victims of human trafficking, slavery and slavery-like practices.
If you or someone you know is being exploited, help is available. For information and confidential advice please contact Australian Red Cross. Call 1800 113 015 or visit redcross.org.au/stpp.
Common signs of forced marriage
Common signs of forced marriage include a person who may:
have a family history of elder siblings leaving education early, marrying early or indicating concerns of an early marriage;
be highly controlled by family or community members in and outside of the home, including surveillance; always accompanied; limited or no control of finances; limited or no control over life decisions, education and career choices;
have communications monitored or restricted;
express concern regarding an upcoming family holiday or overseas travel;
demonstrate feelings of conflict or concern for the ramifications if they do not go ahead with an agreed marriage or engagement; and,
express concern of physical or psychological violence for not fulfilling family or community expectations.